Competency to stand trial (Basis of competency (s 247 CPC - Procedure for…
Competency to stand trial
Basis of competency
s 247 CPC - Procedure for unsound mind
Court will investigate if there is reason to suspect that the accused is of unsound mind and consequently incapable of making defence.
What constitutes unsound mind?
-Any mental disorder(s) that prevents df from understanding questions and proceedings
Who can raise non-competency?
(Onus of proof and standard of proof)
Defence counsel/ df
(Balance of probabilities)
PP (s 247(3))
(Beyond reasonable doubt)
(Misbah Bin Saat)
CST & CAI
Focus is on cognitive and rational thinking
Court (s 247(1), (3))
(?? standard of proof)
Medical report + facts
(Took Leng How)
Court has final say (s 247(3))
What are the consequences if found incompetent?
s 247(3) - Court will postpone proceedings and order df to be remanded in psychiatric institution for not more than one month.
s 247(4) - Designated medical practitioner to observe and treat df and certify df's state of mind. May also ask the court for extension of remand
1 more item...
s 120 EA - General provision for all witnesses
Presumption of competency for all witnesses
Does the df fall within the exceptions in s 120?
(Tender years, extreme old age, disease of body or mind or any cause of the same kind)
Does the df understand the questions put to them or able to give rational answers to those questions ?
No: Not competent
Presumption of competency not rebutted